Sec. 350. Modification of protection of certain facilities and assets from incursions
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Section 130i of title 10, United States Code, is amended— in subsection (a)— by striking any provision of title 18 and inserting sections 32, 1030, and 1367 and chapters 119 and 206 of title 18 ; and by striking officers and civilian employees and inserting officers, civilian employees, and contractors ; in subsection (b)(1)— in subparagraph (A), by striking Detect and inserting During the operation of the unmanned aircraft system or unmanned aircraft, detect ; and in subparagraph (B), by inserting before the period at the end the following: , including through the use of remote identification broadcast or other means ; in subsection (c)— by striking Any unmanned and inserting
(1)Any unmanned ; and by adding at the end the following new paragraph: Any forfeiture conducted under paragraph
(1)shall be made subject to the requirements for civil, criminal, or administrative forfeiture, as the case may be, under applicable law or regulation. ; in subsection (d), by adding at the end the following: The Secretary of Defense shall ensure that the regulations prescribed or guidance issued under paragraph
(1)require that, when taking an action described in subsection (a)(1), all due consideration is given to— mitigating impacts on privacy and civil liberties under the First and Fourth Amendments to the Constitution of the United States; mitigating damage to, or loss of, real and personal property; mitigating any risk of personal injury or death; and when practicable, obtaining the identification of or issuing a warning to the operator of an unmanned aircraft system or unmanned aircraft prior to taking action under subparagraphs
(C)through
(F)of subsection (b)(1), unless doing so would— endanger the safety of members of the armed forces or civilians; create a flight risk or result in the destruction of evidence; or seriously jeopardize an investigation, criminal proceeding, or legal proceeding pursuant to subsection (c). Nothing in this paragraph may be construed to limit the inherent right to self defense of a member of the armed forces. ; in subsection (e)— by striking paragraph
(1)and inserting the following: the interception, acquisition, maintenance, or use of, or access to, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law; ; in paragraph (2), by striking a function of the Department of Defense and inserting an action described in subsection (b)(1) ; by striking paragraph
(3)and inserting the following: records of such communications are maintained only for as long as necessary, and in no event for more than 180 days unless the Secretary of Defense determines that maintenance of such records— is necessary to investigate or prosecute a violation of law or to directly support an ongoing security operation; or is required under Federal law or for the purpose of any litigation; ; and in paragraph (4)— by striking subparagraph
(A)and inserting the following: is necessary to support an ongoing action described in subsection (b)(1); ; in subparagraph (B), by striking ; or and inserting a semicolon; by redesignating subparagraph
(C)as subparagraph (D); by inserting after subparagraph
(B)the following new subparagraph: is necessary to support the counter unmanned aircraft systems activities of another Federal agency with authority to mitigate the threat of unmanned aircraft systems or unmanned aircraft in mitigating such threats; or ; and in subparagraph (D), as redesignated by clause (iii), by striking the period at the end and inserting ; and ; by redesignating subsections (f), (g), (h), (i), and
(j)as subsections (g), (h), (j), (k), (l), respectively; by inserting after subsection
(e)the following: Claims for loss of property, injury, or death pursuant to actions under subsection
(b)may be made consistent with chapter 171 of title 28, and chapter 163 of this title, as applicable. ; in subsection (h), as redesignated by paragraph (6), by striking March 1, 2018 and inserting March 1, 2026 ; by inserting after subsection (h), as so redesignated, the following: Not later than 180 days after the date of the enactment of this subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees and publish on a publicly available website a report summarizing all detection and mitigation activities conducted under this section during the previous year to counter unmanned aircraft systems. Each report under paragraph
(1)shall include— information on any violation of, or failure to comply with, this section by personnel authorized to conduct detection and mitigation activities, including a description of any such violation or failure; data on the number of detection activities conducted, the number of mitigation activities conducted, and the number of instances of communications interception from an unmanned aircraft system; whether any unmanned aircraft that experienced mitigation was engaged in or attempting to engage in activities protected under the First Amendment to the Constitution of the United States; whether any unmanned aircraft or unmanned aircraft system was properly or improperly seized, disabled, damaged, or destroyed and an identification of any methods used to seize, disable, damage, or destroy such aircraft or system; and a description of the efforts of the Federal Government to protect privacy and civil liberties when carrying out detection and mitigation activities under this section to counter unmanned aircraft systems. Each report required under paragraph
(1)shall be submitted and published in unclassified form, but may include a classified annex. . by striking subsection (k), as so redesignated, and inserting the following: This section shall terminate on December 31, 2030. ; and in subsection (l), as so redesignated— in paragraph (1)— in subparagraph (B), by inserting the Committee on Homeland Security and Governmental Affairs, after the Committee on the Judiciary, ; and in subparagraph (C), by inserting the Committee on Homeland Security, after the Committee on the Judiciary, ; and in paragraph (3)— in subparagraph (C), by redesignating clauses
(i)through
(ix)as subclauses
(I)through (IX), respectively, and moving those subclauses, as so redesignated, two ems to the right; by redesignating subparagraphs
(A)through
(C)as clauses (i), (ii), and (iii), respectively, and moving those clauses, as so redesignated, two ems to the right; and in the matter preceding clause (i), as redesignated by clause (ii), by striking means any facility or asset that— and inserting “means— any facility or asset that— ; in clause (iii), as redesignated by clause (ii)— in subclause (VIII), as redesignated by clause (i), by striking ; or and inserting a semicolon; in subclause (IX), as so redesignated, by striking the period at the end and inserting a semicolon; and by adding at the end the following new subclauses: protection of the buildings, grounds, and property to which the public are not permitted regular, unrestricted access and that are under the jurisdiction, custody, or control of the Department of Defense and the persons on that property pursuant to section 2672 of this title; assistance to Federal, State, or local officials in responding to incidents involving nuclear, radiological, biological, or chemical weapons, high-yield explosives, or related materials or technologies, as well as support pursuant to section 282 of this title or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq); or activities listed in section 2692(b) of this title; or ; and by adding at the end the following: any personnel associated with a facility or asset specified under subparagraph
(A)while engaged in direct support of a mission of the Department of Defense specified in clause
(iii)of such subparagraph. .
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Sec. 350
Modification of protection of certain facilities and assets from incursions
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